If you have been injured in a motor vehicle accident in Western Australia (WA) and can’t return to work, you may be eligible to claim compensation for loss of income or earnings. Your incapacity to work may result in a loss of earnings and could be claimed for under motor injury insurance.
According to the ICWA annual report for 2023 the major component of compensation paid to those injured on the road was for lost income, it amounted to about 41% of the overall compensation paid in that year alone.
When you have been involved in a motor vehicle accident in WA and have suffered physical and/or mental injuries as a result, there are several different components that make up your claim for damages and which you should consider when making a claim for compensation.
One of these components is the income or earnings that you have lost as a direct result of being involved in a motor vehicle accident. Any claim for lost earnings takes into consideration past, present, and future incapacity to work.
What Information Do I Need to Provide After a Motor Vehicle Accident in WA?
Your claim for loss of earnings requires medical and income documentation. One of our motor vehicle accident lawyers in WA can help identify the documents that you require. Often, your claim for past and future loss of earnings will be the largest component of your compensation claim.
The nature of your work and your earnings before the motor vehicle accident is obviously what is required at the outset; however consideration must also be given to how your injuries impact you in your specific job.
For example, a construction worker who suffers a serious physical injury will suffer a greater economic loss than say an office worker with a similar injury, who is still able to continue working with restrictions in an office environment. So it is not just the injuries that you suffer that is relevant, the type of work you perform also is a vital consideration in assessing the compensation payable.
Evidence from Your Employer
It is usually necessary to obtain employment records from your employer to support your claim for loss of earnings. Your manager, supervisor or HR manager are often in the best position to provide evidence regarding the nature of your work, tasks and duties and career prospects.
Sometimes it can be difficult to obtain the correct information and the skills of an experienced motor vehicle accident lawyer may be required to identify and claim past and future economic loss.
Evidence from Medical Professionals
As mentioned above, it is not just the evidence from your employer that is required, but also medical evidence.
It is usually necessary to obtain medical records from your treating medical professionals to determine how your injuries have affected your capacity for work and treatment required. It may be helpful to provide your treating doctor with information about the nature of your work and the impact that the injuries have had on your capacity for work.
Often it is also necessary to obtain evidence from independent medical professionals to provide a diagnosis and prognosis of your injuries.
Future Loss of Earnings
Your claim for loss of earnings requires a consideration of the impact that your injuries will have on your future ability to earn.
Often it is necessary to make a prediction of what your future career prospects would have been, but for the accident. It is obviously not possible to predict exactly what such a claim for future loss of earnings will be. Information from your accountant or other industry experts may be necessary to properly determine what level of income you may have earned as your career progressed in the future. An experienced motor vehicle accident lawyer will give careful consideration to the evidence mentioned above and be able to provide you with advice regarding your claim for future loss of earnings.
How Much Money can I claim?
There are several different components that make up your claim for damages resulting from a motor vehicle accident in WA. Every claim is unique and dependent upon the nature and extend of your injuries, personal factors such as age and work circumstances.
There are also some statutory limitations which will have an impact upon the amount that you can claim.
Do you need advice on understanding your rights and calculating your claim?
If these circumstances apply to you, contact our TGB Perth office today and one of our experienced Perth motor vehicle accident lawyers will be in touch soon.
Give us a call today on (08) 9211 5800 to book your free, no-obligation consultation, or complete your details here and our Perth office will be in touch soon.